LEGISLATION IN VIRGINIA 


1914 


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COMPILED BY 

LEWIS M ACHE N 

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DIRECTOR OF THE 

LEGISLATIVE REFERENCE BUREAU 

OF VIRGINIA 



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RICH M O N D : 

Davis Bottom, Superintendent of Public Printing 

1915 
































































D. Of D. 

UN 26 19 9 


EXPLANATION 


This analysis is intended to present in a condensed form and 
without comment the affirmative work of a general nature of 
the regular session of the legislature of Virginia of 1914. For 
full details of the general laws and for information concerning 
local measures the student should examine the acts them¬ 
selves. 






The Work of the Legislature of Virginia 

in 1914. 

The legislature of 1914 convened on the 14th day of January and 
ceased its active work on the 14th day of M^rch, though final 
adjournment did not occur until the 20th. One thousand and 
twenty-nine bills were introduced during the session, besides 
numbers of joint resolutions dealing with various subjects. 
Three hundred and sixty-eight acts were passed as well as two 
joint resolutions proposing amendments to the Constitution. 
The following bills were vetoed: 

House bill 126, for the relief of oyster-planters whose oysters 
are unmarketable by reason of the affection known as green gill. 
House bill 4.50, to authorize the board of supervisors of the county 
of Franklin in their discretion to relieve the purchaser of the stock 
of the Franklin and Pittsylvania Railroad Company from lia¬ 
bility for taxes on the said stock under the county levy, for a 
period not to exceed ten years. Senate bill 110, to authorize 
the auditor of public accounts to pay the allowances made jurors 
summoned from the city of Richmond to try a criminal case in 
the corporation court of the city of Alexandria. House bill 89, 
to repeal as far as the county of Powhatan is concerned, an act 
to provide for working roads in the counties of Chesterfield, 
Powhatan and Goochland, approved March 30, 1884, as amended, 
and to authorize the board of supervisors of Powhatan county 
to use certain money which had accrued to the credit of the 
permanent road fund created under said act for'the purpose of 
making temporary repairs to roads and bridges, for the reason 
that, in the opinion of the patron, the act did not accomplish 
the purpose for which it had been enacted. 

The following bills did not become law, as the Governor with¬ 
held his signature: 

House bill 177, amending 3112 of the Code so as to require the 
Court of Appeals to formulate a system of pleading, at the 
instance of the gentlemen who were especially interested in sim¬ 
plifying judicial procedure, because it was believed that the bill 
had been fatally amended. House bill 186, in regard to the roads 
of Augusta county, because it was a duplicate of Senate bill 235, 
which had been previously approved; another local bill which met 
the same fate for a like reason. Senate bill 267, to authorize any 
turnpike company of this State to extend, operate and main- 


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tain its line of turnpike road into or through any county or any 
part thereof, with the consent of the board of supervisors of such 
county upon such terms as may be agreed upon by such board of 
supervisors and such company, because the Governor was advised 
by the Attorney-General that the bill was unconstitutional. 
House bill 113, relating to an election for a dispensary at Scotts- 
ville was returned to the House by the Governor for a slight 
amendment which was duly made, and the bill subsequently 
approved. 

House bill 88, exempting physicians from the payment of a 
license tax became law without the Governor’s signature. 

All other bills that were passed received the approval of the 
executive and in only one case was there an effort to override 
his veto; that was made in the Senate and failed by a vote of 
26 to 1. 

Acts of General Nature Few 

Of the bills which became law, 183 were decidedly special or - 
local, while the remaining 279 might be considered of more or less 
general application. Of the general bills, 208 were amendatory 
of existing statutes, and the other 50 were in some sense new, 
though some of them have been adopted by other States. 

Amendments Slight 

The amendatory acts make no radical change in the existing 
law. The majority, indeed, make alterations so slight that a 
very careful inspection is necessary to detect the amendment. 
For example, section 164 of the Code is so amended as to allow a 
postmaster to be a member of the State Board of Health; section 
246 so that eight copies of the forthcoming volumes of the Virginia 
reports shall be sent to each college and university which has a 
law school; section 804 so that the circuit court may enter¬ 
tain a petition to change the name of a magisterial district, 
and section 2638 and 2640 so that certain officers of corporations 
which act as personal representatives may take oaths and give 
bonds. The act approved January 30, 1912, allowing motions 
for damages in case of tort was repeated in 1914, but at the 
same time section 3211 was amended so as to permit the remedy 
by motion to apply to torts, which seems to leave the matter 
about as it was in 1913. 

Assessments and Taxation 

There are a dozen acts relating to the assessment of property 
and the collection of taxes; most of which refer merely to ad¬ 
ministrative detail. The most notable act relating to taxation, 


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of course, is the one creating the Tax Revision Committee of 
ten members, four appointed by the Speaker of the House, three 
by the President of the Senate, and three by the Governor. The 
rate on money in banks is reduced to twenty cents and the tax' 
segregated to the use of the State, while money belonging to 
counties, magisterial districts, cities and towns, is exempt. 
The tax on incomes is also segregated, and counties, towns and 
cities of less than 65,000 inhabitants, are forbidden to tax in¬ 
comes. Sections 117 and 118, of the revenue act, are so amended 
as to exempt physicians and surgeons from the payment of a 
license tax. There is an act declaring that there shall be a lien 
on real estate for town taxes; also one exempting building and 
loan associations from the payment of a State franchise tax, 
and applies to those associations organized on a wholly mutual 
plan, doing business of a building and loan association and 
operating in not more than five contiguous counties. Another 
imposes a license tax upon venders of fruit, newspapers, etc., 
on trains, at the rate of ten cents for each mile of track which the 
route covers. An additional mode is provided for enforcing a lien 
for taxes, namely, by means of a chancery suit brought by the 
Attorney for the Commonwealth in its name. 

For the purpose of defining a hotel within the meaning of the 
tax laws, an act was passed declaring it to be a lodging house of 
more than fifty bedrooms where transient guests are allowed to 
lodge for pay. A transient guest is described as one who puts up 
for less than one week. The judge of a circuit court, upon applica¬ 
tion of fifty freeholders, may order an examination and audit of 
the affairs of any board, commission or office of any county or 
district. The effect of this act is limited to those counties which 
alone constitute a circuit, and therefore at present applies only 
to the county of Norfolk. Boards of supervisors are authorized 
to retire old bonds and issue new ones. Provision is made for 
spending some of those taxes by increasing slightly the fees of 
sheriffs, constables, and sergeants, for summoning venires and by 
increasing allowances for food to be given to jurors who are or¬ 
dered to be kept together. 


Boards 

In addition to the committee to revise the tax laws, several 
other boards, commissions and bureaus are established. Among 
the most important of these is the commission to revise the Code, 
composed of three members to be appointed by the Governor 
from a list of ten names, nominated by the Court of Appeals. 
Next may be mentioned the office of State Forester, who is to 
be under the direction and control of the State Geological Com- 


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mission composed of the president of the University of Virginia, 
the president of the Virginia Polytechnic Institute and the super¬ 
intendent of the Virginia Military Institute, with one citizen 
appointed by the Governor from the State at large, thus inaugu¬ 
rating a system of State forest conservation. A State board of 
dental examiners composed of six members appointed by the 
Governor, is created to take the place of a similar board created 
by the act of 1910, which is repealed. A Legislative Reference 
Bureau, under a director appointed by the Governor for a term 
of five years, is required to collect information upon legislative 
matters and assist in the preparation of bills. An impressive 
experiment has been tried in the consolidation of the boards of 
the four female normal schools. 

Charters and County Affairs 

There are 41 acts relating to charters, and 68 applying to the 
local concerns of the counties. For example, the board of super¬ 
visors of Amherst county is authorized to require tags on dogs. 
Moreover, there is a general statute allowing all boards of super¬ 
visors to levy a tax on dogs. Another act prohibits dogs running 
at large, but before it becomes operative in any county, it must 
be adopted by the board of supervisors. 

Cities 

Several new acts are of especial interest to cities. Those hav¬ 
ing a population of more than 100,000 may hold special elections 
for the purpose of adopting a special form of government, which, 
of course, applies now only to the city of Richmond. There is 
another act allowing smaller cities to hold an election upon the 
application of twenty-five per cent, of its voters for the purpose 
of adopting either the city manager plan or a modified commission 
form of government. Cities having a population of 10,000 and 
less than 45,000 are given a police justice elected by the people. 
Excepted from this act are the cities of Danville, Roanoke, Lynch¬ 
burg, Portsmouth, Petersburg and Staunton, leaving it applicable 
only to Alexandria and Newport News. There is a new act re¬ 
quiring a justice to associate two other justices in criminal cases 
(as in civil cases) upon application of the defendant ; and the three 
justices shall decide all issues by a majority vote. 

A special civil justice, elected by the legislature for a term of six 
years with a salary of $3,000 paid out of the city treasuries, is 
provided for cities having a population of 70,000 or more. 
Another act allows a special justice of the peace (if desired by the 


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cit3 council) in cities having a population of 50,000 or more for 
the pui pose of attending to juvenile matters and those involving 
domestic relations. The cities of the State as well as the counties 
ai e authorized to establish farms to be worked by men found 
guilty of misdemeanors, of failing to support wives and children, 
and of being incorrigible drunkards and drug victims. The statute 
1 elating to the bonds of city treasurers is amended and re-enacted, 
but the only change made is the reduction of the bond of the 
treasurer of Petersburg from $75,000 to $50,000. The cities, 
towns and counties are permitted to have the services of the 
State Accountant for the purpose of examining the books of 
accounts of their financial officers. 


Constitutional Amendments 

The resolution proposing a constitutional amendment restor¬ 
ing the ninety-day sessions of the legislature is in line with the 
recommendations of Governor Stuart’s inaugural address. The 
other resolution for a simplification of the legislative procedure 
is merely to have the Constitution conform to the actual practice 
of the legislature. 

Criminal Laws 

Section 3663 is'so amended as to permit juries to give life im¬ 
prisonment for murder in the first degree; section 3298 so that 
fines of not less than one nor more than $10 might be assessed 
for profane swearing and drunkenness, and councils of cities are 
allowed to fix the punishment for these offenses; and section 1682 
so changed as to fix the compensation of experts called upon b}^ 
courts to examine the mental condition of persons accused of crime 
at $10 a day and expenses, except that the per diem of the 
superintendent of a State hospital is limited to $5. 

Corporations 

There are several new acts relating to corporations. Heat, 
light, power, water and telephone companies are put under the 
control of the State Corporation Commission, which is given 
authority over them as regards both service and rates, but the 
act was temporarily inoperative for the lack of an appropriation. 
There is a comprehensive act relating to chartering fraternal 
insurance companies, and a general law covering co-operative 
associations and providing for their incorporation. 

There is some new legislation relating to railroads, such as the 
prohibition of the selling or giving away of ke> r s to switch locks; 
the requirement of head lights of not less than 500 candle power, 
and of a certain construction of cabooses. Section 4 of an act 


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concerning public service corporations is amended in regard to 
physical connection of tracks and the interchange of carload ship¬ 
ments. Moreover, there is a new rolling stock tax law to take the 
place of the act of 1912, declared unconstitutional, and leaving 
no vestige of advantage with the cities containing the principal 
offices of the companies. 

Defectives and Delinquents 

Several acts were passed regarding the protection of physical, 
mental and moral defectives. The State Board of Charities and 
Corrections is directed to make an investigation of feeble-minded 
persons in the State, other than those who are insane and epileptic. . 
A colony for the feeble-minded is also established on the land of 
the Central State Hospital. An industrial school for girls at 
Bon Air is taken over and made a State institution. There is a 
stringent act making it a misdemeanor for a person over the age 
of eighteen years to cause or encourage any child under that 
age to commit any act of delinquency or to be subject to immoral 
surroundings or influences. There is another act to allow the 
commitment of certain delinquent children to the custody of the 
State Board of Charities and Corrections. 

Education 

Increases are made in the appropriation for primary schools, 
and an act permits the teaching of agricultural arts and the giving 
of vocational training. The use of schoolhouses for non-political 
purposes is allowed. Land for schoolhouses may now be con¬ 
demned 200 yards from a dwelling instead'of 400 yards, as for¬ 
merly. Libraries may be established in public schools of the rural 
districts, each school first to raise $15, and the neighboring dis¬ 
tricts are permitted to establish joint schools. 

Elections 

The passage of an act providing for the election of the United 
States Senators by the people was necessary under the 17th 
amendment of the National Constitution. An amendment allows 
an appeal from the action of registrar in placing a name among the 
registered voters. Heretofore there has been an appeal only in 
those cases in which the registrar refused to add a name to the 
lists. The primary election law is strengthened in some import¬ 
ant particulars. The dates for the holding of the primaries are 
fixed by law, the judges and clerks are selected by the electoral 
boards and contests are heard by the courts. Heavy fines, im- 


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prisonment and disqualification for office are provided for those 
who falsify returns and conceal or tamper with ballot boxes. 

Enabling Act 

The form and purpose of the enabling act regarding prohibition 
is too well understood to need explantion. 

Fee System 

An act creates a commission composed of the Governor, 
Auditor and State Accountant to make an investigation of the 
fee system of compensating public officials, and report to the 
next session of the legislature. The bill also fixes maximum 
amounts of fees in certain cases to be applicable after the expira¬ 
tion of the present terms of the officials. 

Labor 

Among the acts passed for the protection of labor is the safety 
appliance law requiring substantial hand rails and stairways, 
lights and other safeguards in manufacturing establishments. 
There is an act regulating contracts of surety between common 
carriers and employees, allowing the latter to give bonds in any 
reliable surety company and personal bonds. The act relating 
to the employment of women and children is amended so as to 
prohibit their working in establishments handling intoxicating 
liquors, except hotels. The ten-hour feature of this law is ex¬ 
tended to include female workers in laundries and is also made 
applicable to mercantile establishments on Saturdays. 

Amendments are made to the child labor act so as to prevent 
the employment of children under sixteen in factories or in mer¬ 
cantile establishments in cities having more than 2,000 popula¬ 
tion between nine o’clock at night and seven o’clock in the morn¬ 
ing; to prevent the employment between ten o’clock at night and 
five o’clock in the morning of children under eighteen by tele¬ 
graph, telephone and messenger companies in cities having as 
many as 5,000 population; and to prevent boys under ten and 
girls under sixteen from selling newspapers in streets and public 
places in such cities. 

Legal Procedure and Construction 

There are two acts relating to procedure in divorce cases, one 
of which allows orders of publication to issue out of the clerk’s- 
office in vacation; but this does not afford relief to corporation 
courts, which have no vacation; and the other permits the court 


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in its discretion to require the whole or any part of the testimony 
in a divorce case to be given ore tenus in open court. 

An act permits any proceeding or pleading to be amended, or 
material supplemental matter to be set forth in an amended or 
supplemental pleading, and provides that the court, at every 
stage of a proceeding, must disregard any error or detect which 
does not affect the substantial rights of the parties. Another 
act provides that when a demurrer is sustained and an amended 
pleading filed, the party filing'the latter need not waive his right 
to stand upon his original pleading and the Appellate Court may 
consider whether the lower court erred in sustaining the de¬ 
murrer. Section 3385 of the Code is amended to provide that 
when bills of exception are signed after the'end of the term by 
consent of parties, “the certificate of the court in the bill of 
exception shall be sufficient or the court, after signing same, 
may certify that fact to the Supreme Court of Appeals.” 

Miscellaneous 

Quite a number of acts were passed of less general application 
than those already mentioned. There are several slight changes 
in laws relating to fish and game. There is also an extension of 
the act of 1912 in regard to the drainage of swamp lands. One 
act is intended to eradicate orange or cedar rust and authorize 
destruction of cedar trees that may horbor the contagious rust 
disease. There is an act providing for the retirement of those 
judges of the Supreme Court of Appeals on three-fifths of their 
salaries who have reached the age of seventy years and have 
served twelve years or more as members of the court. Fourteen 
thousand dollars is appropriated to compensate the attorneys 
who prosecuted the Allens and Edwardses when tried for the 
murder of Judge Massie and others, and $1,200 is allowed the 
attorneys for the defense. Permission is granted the Gorham 
Manufacturing Company, of Providence, Rhode Island, to make 
copies of the Houdon statue of Washington from moulds belong¬ 
ing to the State of Virginia already in the possession of the com¬ 
pany for presentation to societies. No copies can be made for 
any other purpose without the consent of the Governor. For the 
use of these moulds $500 is to be paid for each replica to go to 
the credit of the literary fund. A joint resolution was adopted 
by the House and Senate calling upon Congress to take steps 
for the acquisition by the United States government of the Mon- 
ticello estate. An act empowers the Attorney-General to bring 
suit against J. Pierpont Morgan to recover the will of Martha 
Washington. The Governor is authorized to transfer to the State 
onvicts sentenced “to jail” for more than five years, and 


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suffering from tuberculosis. Public health is sought to be pro¬ 
tected by the testing of dairy cattle to discover tuberculosis, 
and by the requirement of cleansing and sterilizing receptacles 
used in the shipment of milk and cream. Boards of visitors of 
educational institutions are prohibited to appropriate money to 
pay the expenses of their members to Richmond to seek approprai- 
tions for such institutions unless sent for by some legislative com¬ 
mittee. The Adjutant-General is directed to make a roster of 
the soldiers and sailors enlisted from Virginia for service in the 
Spanish-American War. 

The State banks are authorized to become members of the 
Federal Reserve system. The act of 1912 prescribing the effect 
as evidence to be given to deeds recorded prior to the year of 
1865 is repealed. The appropriation bill distributing about 
814,000,000 for two years, completes the list of the most important 
enactments of general interest. 



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